Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County No. J224163, James Lauer, Jr., Juvenile Court Referee.
McDONALD, Acting P. J.
On October 3, 2010, Carlos R. and another male approached the victim, and while one grabbed the victim's neck and hit his head, the other took $60 from the victim's pocket. The juvenile court entered true findings that Carlos had committed robbery (Pen. Code, § 211; count 1) and grand theft (Pen. Code, § 487, subd. (c); count 2). The court continued Carlos as a ward, under the supervision of the probation officer, and committed Carlos to Camp Barrett for 365 days. Carlos appeals, contending the true finding of grand theft must be stricken as a lesser included offense of robbery. The People properly concede the point.
"Theft in any degree is a lesser included offense to robbery, since all of its elements are included in robbery." (People v. Burns (2009) 172 Cal.App.4th 1251, 1256.) When two charged offenses are based on the same criminal act and, according to the statutory elements test, one offense is a lesser included offense of the other, the defendant cannot be convicted of both offenses. (People v. Reed (2006) 38 Cal.4th 1224, 1231.) Here, the grand theft count was based on the same act as the robbery count. The true finding of grand theft must be reversed. (People v. Medina (2007) 41 Cal.4th 685, 701-702.)
DISPOSITION
The judgment is modified by striking the true finding of grand theft (Pen. Code, § 487, subd. (c); count 2). As so modified, the judgment is affirmed.
WE CONCUR: McINTYRE, J., AARON, J.